All judgment of the court below shall be reversed.

The imprisonment with prison labor for the accused shall be determined by one year and two months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by each court below is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant prior to the judgment on the grounds for appeal.

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act.

In this respect, all the judgment of the court below can no longer be maintained.

B. According to the records of this case as to the assertion of mental disorder, the defendant appears to have a drinking condition at the time of each of the crimes of this case, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime of this case, the defendant had no or weak ability to discern things or make decisions at the time of each of the crimes of this case.

shall not be deemed to exist.

The defendant's argument about mental disorder shall not be accepted.

3. According to the conclusion, the two judgment below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to each corresponding column of the two original judgments, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 366, 314 (1) (a point of interference with business), 260 (1) (a point of violence) and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.